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>> good evening, board of appeals my mame is mohammed hourian i had the financing for almost 25 years in san francisco. i am artist and if i have to cap it right now the created about the five years ago and about two years ago, we added houka because it is some kind of a wanted located in downtown san francisco. and there are lots of tourists and they ask us why you guys don't have hooka and we decided to add it. and at that time we wanted to start it and we get a permit.
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i think that you need to refer to the exhibits. >> you have it all, the permit that i have. when we started to move into the city hall, we ask and it was family at that time with the hooka but we realize that we need to get the permit for it and so we get the permit,
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unfortunately, there is a law that the situation because we are in doors we cannot set up hooka. and our location in a situation that it was an easy to add it outside. and for example, i am off for the international for almost all of my life, for 30 years, i used to live in euro and about 27 years ago i moved to the united states. i was very active with my art until recently because of the economy situation as you guys know. so, if the health department was always, you know, take care
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of the cafe very clean, and nice and it shows that the section always a good record. and they were seeing everything that was good in our cafe. and it shows that it was very concerned about the health for our customer. and now, because of this situation of we cannot have hookah they create and they try to create or to change the model of the business as a one bar cafe. and it is some
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>> the only thing that we don't want the suspension, a liquor store without cigarettes does mant. we want to keep it to support
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our family. >> we ask to keep our permit and that is the only thing that i can say. >> it is the first time that it happened and we are trying to do the best that we can. we now, we are trying to take all of the time. we bought something to check it to, and we are trying to work hard on it. >> how long have you been in business? >> well, i have been in seven years but together is three years and a half because i have another liquor but then we decide to be a partner. and >> what type of training did you give to your employee? >> well we tried to explain him and to train him like a month
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and nevers. and >> how old is he? >> he is 42. >> okay. >> thanks. >> anything further? >> did you want to speak? >> no. >> okay. okay. we will hear from the department, now. good evening, the commissioners, laerry kesller, manager for the retail tobacco permitting program. we received a referal from the san francisco police department that on may 19th, 2012, a clerk at aone liquor and grocery sold a pack of cigarettes to a minor, through their decoy
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program. based on this being a first offense, and that they did ask for id from the minor, dph ordered a 25-day suspension of their permit which has been kind of a standard policy. at the dph director hearing on november 12th, the order was upheld by the officer, i am happy to hear that they bought a device that helps. it sounds like they bought a device that would help from now on in making sure that the identification matches the age before they sell the cigarettes that is the system that they purchased that helps a lot. and that is indeed what they did. >> and if you have any questions? >> >> thank you, is there any public comment? >> seeing, none, do you have anything further? >> no? >> okay. and anything further from the
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department? no. okay. commissioners. >> i have a question for the department or the appellant. >> the location of your business is what is the actual street location? >> could you stand up in >> erving and the cross street in >> 42nd avenue. >> is there any schools in the vicinity? >> no. >> well not close to two blocks. >> do you get the students coming in from the schools nearby? >> not really. thank you. >> i guess that it is... you
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know, we understand the law and the law has been there for quite a long time. and the question that we always raise when we hear that the tobacco cases, the sale of the tobacco to minor cases is how to equate the penalty within that law and yet, recognize that perhaps it is i little difficult time for not only the economy in general, but for the
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small business owners. it is not my intent to ever totally wave a penalty, based upon the law and program, but i... maybe for thanksgiving, i am willing to reduce it the penalty. i would like to reduce it to 15 days. >> i am a little torn too because there was an infraction and i think that there needs to be some penalty for that. i also know that this is their
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livelihood and i would be enclined to go lower, 10 days. 14 days, is that? would you do 15. >> i said 15. >> then, i am okay with that. >> thinking about work weeks. just state for the record, on principle, i believe that 25 days is an appropriate penalty. i understand that it is the first time offense, and that the department has up to imposed up to 90 days. selling to minors is a problem. and i think that my understanding is that the type of enforcement has been actually effective in deterring this type of conduct. notwithstanding the fact that i do agree that it is difficult for a small business owners to manage suspensions of this nature. i think that it will, you know, deter future violations.